INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 14 Preliminary inquiries

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 14

Making preliminary inquiries into a complaint

  (1)   If a complaint is made to the Inspector - General in respect of action taken by an intelligence agency, the Inspector - General may, for the purpose of:

  (a)   determining whether the Inspector - General is authorised to inquire into the action; or

  (b)   if the Inspector - General is authorised to inquire into the action: determining whether the Inspector - General should inquire into the action;

make preliminary inquiries of the head of the agency in relation to the action.

Note:   After making preliminary inquiries in relation to a complaint, see subsections   11(2) to (6) for determining whether to pursue further inquiry.

Making own motion preliminary inquiries

  (2)   Of his or her own motion, the Inspector - General may make preliminary inquiries of the head of an intelligence agency:

  (a)   to determine whether the Inspector - General is authorised to inquire into an action of the agency; or

  (b)   to determine whether the Inspector - General should inquire into the action if the Inspector - General is authorised to inquire into it.

Determining that further inquiry is not warranted in relation to own motion preliminary inquiries

  (3)   After making preliminary inquiries of the head of the intelligence agency under subsection   (2), the Inspector - General may determine that, having regard to all the circumstances of the case, an inquiry, or further inquiry, into the action is not warranted.

Note:   For reports relating to preliminary inquiries, see section   25B.